Northeast Ohio Coalition for the Homeless v. City of Cleveland,

Nos. 95-3665/4016 (6th Cir. Feb. 3, 1997) ; Clearinghouse Number: 52217

Description

Cleveland Ordinance Requiring Peddlers to Pay $50 License Fee Does Not Unduly Restrain Peddlers’ First Amendment Rights

Abstract

Reversing, the Sixth Circuit has granted defendant city’s motion for summary judgment in this action challenging a city ordinance that requires all peddlers to pay a $50 license fee. Plaintiffs had alleged that the ordinance violated their rights to free speech under the state and federal constitutions. Granting plaintiffs’ motion for summary judgment, the district court concluded that the fee constituted an impermissible prior restraint on speech. Subsequently, the court awarded plaintiffs $15,628 in attorney fees. City appealed. The court of appeals held that an ordinance requiring a person to pay a license or permit fee before engaging in a constitutionally protected activity does not violate the Constitution so long as the purpose of charging the fee is limited to defraying expenses incurred in furtherance of a legitimate state interest. The court also held that a more than nominal permit fee is constitutionally permissible so long as the fee is reasonably related to the expenses incident to the administration of the ordinance and to the maintenance of public safety and order. Finding that Cleveland’s peddler’s ordinance and the license fee it imposes are narrowly tailored to further a legitimate governmental interest because the licensing program helps to prevent fraud by solicitors and that the fee is reasonable related to the costs of administering the ordinance, the court held that the fee does not unduly or impermissibly burden plaintiffs’ First Amendment rights.

Additional Information

Docket Date
1997-02-03 00:00:00+00:00

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